February 1, 2000
HOUSE BILL No. 1379
DIGEST OF HB 1379
(Updated January 31, 2000 4:14 PM - DI 96)
Citations Affected: IC 9-14; IC 9-24; IC 34-30.
Synopsis: Examination of drivers regarding impairment. Authorizes
the bureau of motor vehicles to adopt rules governing examinations for
the retention of learner's permits, operator's licenses, chauffeur's
licenses, and public passenger chauffeur's licenses. Authorizes the
bureau to examine a driver or applicant for a license or permit to
operate a motor vehicle as to fitness to operate a motor vehicle when
the bureau has good cause to believe that the driver is incompetent or
otherwise not qualified to operate a motor vehicle. Allows an
individual to an appeal an action taken by the bureau of motor vehicles
under this chapter to the circuit or superior court with jurisdiction in
the county in which the individual resides. Provides that a person with
good cause who files a report with the bureau regarding the fitness of
a driver is immune from civil liability arising from the report. Provides
that such reports are confidential. Makes it a Class C misdemeanor to
intentionally file a false report with the bureau regarding the fitness of
a driver. Provides that an employee of the bureau who knowingly or
intentionally discloses confidential information regarding the fitness of
a driver, except as allowed by law, commits a Class A misdemeanor.
Effective: July 1, 2000.
Adams T, Frenz, Saunders
January 11, 2000, read first time and referred to Committee on Roads and Transportation.
January 26, 2000, reported _ Do Pass.
January 31, 2000, read second time, amended, ordered engrossed.
February 1, 2000
Second Regular Session 111th General Assembly (2000)
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HOUSE BILL No. 1379
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 9-14-4-1; (00)HB1379.2.1. -->
SECTION 1. IC 9-14-4-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 1. The commissioner may create a
driver licensing advisory committee referred to in this chapter as
SOURCE: IC 9-14-4-2; (00)HB1379.2.2. -->
SECTION 2. IC 9-14-4-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 2. The committee consists of
(5) eleven (11) members. Two (2) members must have unlimited
licenses to practice medicine in Indiana and one (1) member must be
licensed as an optometrist. The committee members serve at the
pleasure of the commissioner.
SOURCE: IC 9-14-4-4; (00)HB1379.2.3. -->
SECTION 3. IC 9-14-4-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 4. The committee shall provide the
commissioner with technical resources to assist in the administration
of Indiana driver licensing laws, including providing advice, technical
knowledge, and guidance to the commissioner in the
licensing issuing and revoking licenses for
drivers with health or
other problems that may adversely affect a driver's ability to operate a
SOURCE: IC 9-24-10-2; (00)HB1379.2.4. -->
SECTION 4. IC 9-24-10-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. The bureau may
adopt rules under IC 4-22-2 necessary for the conduct of examinations
for issuing and retaining a learner's permit, an operator's license, a
chauffeur's license, and a public passenger chauffeur's license in
accordance with this chapter concerning the qualifications and ability
of applicants to operate motor vehicles in accordance with the rights
and privileges of those permits and licenses.
SOURCE: IC 9-24-10.5; (00)HB1379.2.5. -->
SECTION 5. IC 9-24-10.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]:
Chapter 10.5. Examination of Licensed Driver to Determine
Sec. 1. (a) If the bureau has good cause to believe that a licensed
driver holding, applying for, or renewing an operator's, a
chauffeur's, or a public passenger chauffeur's license, or an
individual holding, applying for, or renewing a learner's permit is:
(1) incompetent; or
(2) otherwise not qualified to be licensed;
the bureau may, upon written notice of at least five (5) days,
require the licensed driver to submit to an examination.
(b) For purposes of this section, a licensed driver is incompetent
or otherwise unqualified to be licensed if the driver does not
possess the physical, mental, or other qualifications to operate a
motor vehicle in a manner that does not jeopardize the safety of
individuals or property.
Sec. 2. (a) One (1) basis on which the bureau may have good
cause to believe that a driver holding an operator's, a chauffeur's,
or a public passenger chauffeur's license does not possess the
physical, mental, or other qualifications to operate a motor vehicle
in a manner that does not jeopardize the safety of individuals or
property is a report filed by:
(1) a law enforcement officer (as defined in IC 35-41-1-17);
(2) a physician licensed to practice medicine under IC 25-22.5;
(3) a chiropractor licensed under IC 25-10;
(4) a physical therapist certified
under IC 25-27;
(5) an occupational therapist certified under IC 25-23.5;
(6) an optometrist licensed under IC 25-24;
(7) a nurse licensed under IC 25-23;
(8) a psychologist licensed under IC 25-33;
(9) a mental health counselor licensed under IC 25-23.6;
(10) the driver's spouse or a member of the driver's family
related within three (3) degrees of consanguinity;
(11) an employee of the bureau; or
(12) an employee of the bureau of motor vehicles commission.
(b) A spouse or family member may not file a report under
subsection (a)(10) more than one (1) time during a twelve (12)
Sec. 3. A report filed under section 2 of this chapter must state
that the person filing the report reasonably and in good faith
believes that the driver cannot safely operate a motor vehicle. The
report must be based upon:
(1) personal observation or physical evidence described in the
(2) an investigation by a law enforcement officer.
Sec. 4. A report filed under section 2 of this chapter must
(3) telephone number; and
of the person making the report.
Sec. 5. A report filed under section 2(2) through 2(9) of this
chapter must contain:
(1) a diagnosis or an assessment of the driver; and
(2) an opinion by the person making the report as to whether
the condition is permanent or temporary.
The existence of a physician-patient relationship does not prevent
a health care
professional from making or filing a report.
Sec. 6. A person who files a report in good faith under this
chapter is immune from civil liability arising from the report.
Sec. 7. The following are declared confidential and may be
disclosed only under IC 5-14-3-4(a):
(1) A report filed under this chapter.
(2) A medical record received and reviewed under this
(3) A determination as to a driver's continued fitness to
operate a motor vehicle in a manner that does not jeopardize
the safety of individuals or property.
Sec. 8. The examination may include tests and examinations in
the same manner as provided by IC 9-24-10-4(a) through
Sec. 9. The driver licensing advisory committee may assist the
bureau in determining a driver's continued fitness to operate a
motor vehicle as set forth in IC 9-14-4-4.
Sec. 10. After an examination under this chapter, the bureau:
(1) shall take appropriate action; and
(A) suspend or revoke the license of the driver;
(B) permit the driver to retain the license; or
(C) issue a license subject to restrictions considered
necessary in the interest of public safety.
Sec. 11. If a driver refuses or neglects to submit to an
examination under this chapter, the bureau may suspend or revoke
the license of the driver.
Sec. 12. (a) A driver:
(1) whose condition has been reported by a health care
provider as being temporary in nature under section 5 of this
(2) who believes that the condition has improved to the extent
that fitness to operate a motor vehicle has been regained;
may apply to the bureau for total or partial reinstatement of
(b) The bureau may order
a physical or mental examination to
the bureau finds it
necessary to determine the
driver's fitness to operate a motor vehicle safely.
(c) After the examination, the bureau may take action as
provided in section 10 of this chapter.
Sec. 13. A driver may appeal an action taken by the bureau
under this chapter to the circuit or superior court with jurisdiction
in the county in which the driver resides.
Sec. 14. A person who intentionally files a report with the
bureau under section 2 of this chapter knowing the report to be
false commits a Class C misdemeanor.
Sec. 15. An employee of the bureau who knowingly or
intentionally discloses confidential information as set forth in
section 7 of this chapter, except as provided in IC 5-14-3-4(a),
commits a Class A misdemeanor.
SOURCE: IC 34-30-2-30.5; (00)HB1379.2.6. -->
SECTION 6. IC 34-30-2-30.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 30.5. IC 9-24-10.5-6 (Concerning
persons filing reports concerning driver impairment.)
SOURCE: IC 9-24-10-7; IC 9-24-10-8.
; (00)HB1379.2.7. -->
SECTION 7. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2000]: IC 9-24-10-7; IC 9-24-10-8.